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OPERATING ENGINEERS
TRUST FUNDS

Family Medical Leave Act (FMLA)

The Family Medical Leave Act provides that in some situations certain employers are required to grant leave to employees, and in such situations the employer is required to continue medical coverage for the employees. The FMLA specifically provides that more liberal provisions of state law are permitted and also provides that more liberal provisions contained within collective bargaining agreements are permitted.

It is not the role of the Trustees or the Health and Welfare Fund to determine whether or not an individual employee is entitled to leave with continuing medical benefits provided through employment under the FMLA, any state statute or the provisions of a collective bargaining agreement. Disputes about entitlement to leave with continuing medical benefits must be resolved by the employer, employee and, where applicable, the local union.

To the extent that Participants are entitled to leave with continuing medical benefits under the FMLA, state legislation or provisions contained within a collective bargaining agreement, the Fund will continue to provide medical coverage so long as required monthly contributions are received from the contributing employer.

Rights under the FMLA do not affect rights under COBRA or rights to continuing medical care pursuant to the disability extension features contained within the Plan Rules and Regulations.

If you have completed 12 months and 1,250 hours of employment with a participating employer, you are entitled, by law, to up to 12 weeks each year of unpaid family or medical leave for specified family or medical purposes, such as the birth or adoption of a child, or to provide care of a spouse, child or parent who is seriously ill or for your own illness.

While you are officially on such family or medical leave, you will continue to accrue hours, and your employer will be required to pay contributions on such hours at the regular rate, for the period of leave authorized by such laws, thus maintaining your medical, dental and vision coverage during that period.

Whether or not you keep your coverage while you are on family or medical leave, if you return to work promptly at the end of that leave, your medical, dental and vision coverage will be reinstated without any additional limits or restrictions imposed on account of your leave. This is also true for any of your Dependents who were covered by the Plan at the time you took your leave.

Of course, any changes in the Plan’s terms, rules or practices that went into effect while you were away on that leave will apply to you and your Dependents in the same way they apply to all other Participants and their Dependents. To find out more about your entitlement to family or medical leave as required by the FMLA and/or state law, and the terms in which you may be entitled to it, contact the Fund Office.

Revised 08/2021

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